Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26199
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3119 of 2026 1 - Kansh Lal Sahu S/o Late Shri Ram Pyare Sahu Aged About 80 Years R/o Infront Of Post Office Birgaon Tehsil Dharsiwa District Raipur C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Secretary Department Of Revenue And Disaster Management Mahanadi Bhawan Naya Raipur Tehsil And District Raipur C.G. 2 - Collector Raipur Tehsil And District Raipur C.G. 3 - Tehsildar Dharsiwa District Raipur C.G.
... Respondent(s) For Petitioner(s) : Mr. Surfaraj Khan, Advocate. For Respondent(s)/State : Dr. Saurabh Pande, Dy. A.G.
Hon’ble Mr. Justice Amitendra Kishore Prasad
Order on Board 29/06/2026
1. By way of this petition, the petitioner has prayed for following reliefs:- RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT
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“10.1 That, this Hon'ble Court may kindly be pleased to issue a Suitable Writ (s), Order (s), Direction (S), by commanding the respondent authorities, particularly respondents No. 2 & 3 (Collector Raipur and/or Tehsildar Dharsiwa) to conclude/decide the applications dated 03.06.2026 (Annexure P-1), within a time frame. 10.2 That, this Hon'ble Court may kindly be pleased to call the entire records from the court below for its kind perusal. 10.3 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”
2. Learned counsel for petitioner submits that petitioner is the recorded bhumiswami of the land bearing khasra No. 647 admeasuring 0.370 hectare situated at Village – Giroud, Tahsil- Dharsiwa, District – Raipur (C.G.). Petitioner is aged about 80 years and his daughter has also attended the age of marriage, therefore, petitioner to make arrangements of fund of marriage after receipt of appropriate proposal for his daughter, intended to sale full subject land of immovable property recorded in his name.
Learned counsel for the petitioner submits that when the petitioner approached the office of the Tahsildar, Dharsiwa, District-Raipur for effecting the transfer of the subject land, the Tahsildar, Dharsiwa, District-Raipur orally informed the petitioner that the said land could not be transferred. Upon seeking clarification regarding the reasons for such refusal, particularly when the
3 subject land stands duly recorded as Bhumiswami land in the name of the petitioner, the officials of the Tahsildar's office orally advised the petitioner to approach the Collector, Raipur for appropriate orders. Learned counsel further submits that, acting upon the said advice, the petitioner approached the office of the Collector, Raipur on 03.06.2026 and submitted a detailed representation setting forth all the relevant facts. In the said representation, the petitioner specifically asserted that he is the lawful Bhumiswami of the subject land that the land is neither Government land nor land granted on lease by the State and that none of the restrictions contemplated under Section 165 of the Chhattisgarh Land Revenue Code, 1959 are applicable to the subject land so as to prohibit its transfer. It is further submitted that despite the submission of the aforesaid representation, the same is still pending consideration before the Collector, Raipur and no decision has yet been taken thereon. Learned counsel, therefore, prays that an appropriate direction may be issued to the Collector, Raipur to consider and decide the petitioner's representation dated 03.06.2026 expeditiously, strictly in accordance with law, within a stipulated period. 3. On the other hand, learned counsel for the State opposes the same. 4. Having heard learned counsel for the parties and perused the material available on record. 5. Considering the facts and circumstances of the case, the nature of
4 the grievance raised, and the submissions advanced by learned counsel for the petitioner that the petitioner intends to sell his immovable property for the purpose of arranging funds for the marriage of his daughter, which is proposed to be solemnized in the near future, and further taking into consideration that the petitioner's representation (Annexure P/1) has been pending before the office of respondent No. 2, namely, the Collector, Raipur, for more than twenty days without any decision having been taken thereon, this Court is of the opinion that the ends of justice would be adequately served by directing the competent authority to consider and decide the said representation within a time-bound period.
This Court has also taken note of the urgency involved in the matter as well as the advanced age of the petitioner, who is about 80 years old. Accordingly, without expressing any opinion on the merits of the claim of the petitioner, the present writ petition is disposed of with a direction to respondent No. 2/Collector, Raipur, to consider and decide the petitioner's representation (Annexure P/1) strictly in accordance with law, by passing a reasoned and speaking order, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of copy of this order. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat